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But such "neutrality" safeguards are inadequate to address more fundamental changes the Bells and cable monopolies are seeking in their quest to monetize the Internet. If we permit the Internet to become a medium designed primarily to serve the interests of marketing and personal consumption, rather than global civic-related communications, we will face the political consequences for decades to come. Unless we push back, the "brand-washing" of America will permeate not only our information infrastructure but global society and culture as well.
Why are the Bells and cable companies aggressively advancing such plans? With the arrival of the long-awaited "convergence" of communications, our media system is undergoing a major transformation. Telephone and cable giants envision a potential lucrative "triple play," as they impose near-monopoly control over the residential broadband services that send video, voice and data communications flowing into our televisions, home computers, cell phones and iPods. All of these many billions of bits will be delivered over the telephone and cable lines.
Video programming is of foremost interest to both the phone and cable companies. The telephone industry, like its cable rival, is now in the TV and media business, offering customers television channels, on-demand videos and games. Online advertising is increasingly integrating multimedia (such as animation and full-motion video) in its pitches. Since video-driven material requires a great deal of Internet bandwidth as it travels online, phone and cable companies want to make sure their television "applications" receive preferential treatment on the networks they operate. And their overall influence over the stream of information coming into your home (or mobile device) gives them the leverage to determine how the broadband business evolves.
Mining Your Data
At the core of the new power held by phone and cable companies are tools delivering what is known as "deep packet inspection." With these tools, AT&T and others can readily know the packets of information you are receiving online - from e-mail, to websites, to sharing of music, video and software downloads.
These "deep packet inspection" technologies are partly designed to make sure that the Internet pipeline doesn't become so congested it chokes off the delivery of timely communications. Such products have already been sold to universities and large businesses that want to more economically manage their Internet services. They are also being used to limit some peer-to-peer downloading, especially for music.
But these tools are also being promoted as ways that companies, such as Comcast and Bell South, can simply grab greater control over the Internet. For example, in a series of recent white papers, Internet technology giant Cisco urges these companies to "meter individual subscriber usage by application," as individuals' online travels are "tracked" and "integrated with billing systems." Such tracking and billing is made possible because they will know "the identity and profile of the individual subscriber," "what the subscriber is doing" and "where the subscriber resides."
Will Google, Amazon and the other companies successfully fight the plans of the Bells and cable companies? Ultimately, they are likely to cut a deal because they, too, are interested in monetizing our online activities. After all, as Cisco notes, content companies and network providers will need to "cooperate with each other to leverage their value proposition." They will be drawn by the ability of cable and phone companies to track "content usage...by subscriber," and where their online services can be "protected from piracy, metered, and appropriately valued."
Our Digital Destiny
It was former FCC chairman Michael Powell, with the support of then-commissioner and current chair Kevin Martin, who permitted phone and cable giants to have greater control over broadband. Powell and his GOP majority eliminated longstanding regulatory safeguards requiring phone companies to operate as nondiscriminatory networks (technically known as "common carriers"). He refused to require that cable companies, when providing Internet access, also operate in a similar nondiscriminatory manner. As Stanford University law professor Lawrence Lessig has long noted, it is government regulation of the phone lines that helped make the Internet today's vibrant, diverse and democratic medium.
But now, the phone companies are lobbying Washington to kill off what's left of "common carrier" policy. They wish to operate their Internet services as fully "private" networks. Phone and cable companies claim that the government shouldn't play a role in broadband regulation: Instead of the free and open network that offers equal access to all, they want to reduce the Internet to a series of business decisions between consumers and providers.
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